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MACKEY v. EVA

No. 8555.

328 P.2d 66 (1958)

Larry W. MACKEY, Plaintiff-Respondent, v. Garfield EVA and Lena Eva, husband and wife, Defendants-Cross-Complainants-Appellants.

Supreme Court of Idaho.

July 9, 1958.

Attorney(s) appearing for the Case

Hawkins & Miller, William A. Reagan, Coeur d'Alene, for appellant.

Brown & Peacock, Kellogg, for respondent.

PORTER, Justice.

In August, 1951, respondent entered into a written contract with appellant, Garfield Eva, to build and construct a dairy barn on premises owned by appellants. The agreed contract price for the construction of such dairy barn was the sum of $11,142.75. Respondent completed his construction of the building in November 1951. In the meantime, he had been paid by appellants the sum of $5,990 on the contract price...

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